Mr. Fitzpatrick from the committee of propositions and grievances
to whom was referred the petition of sundry inhabitants of Blount,
praying a law to fix the set of justice for said county, reported
thereon; in which the House concurred.

Mr. Fitzpatrick from the same committee to whom was referred
the petition of Matthew D. Thomason, Reported unfavourably
to the prayer of the petitioner.

A message was received from the Governor by Mr. Pleasants,
secretary of state, informing this House, that he did on the third
instant approve and sign the following acts:

An act supplementary to an act entitled an act for the collection
of monies due this state, and for other purposes, passed December
16, 1820.

An act appointing commissioners to lay out a certain road therein
designated; and,

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An act to allow compensation to William Dunn, for examining
the Blackwarrior river.

Mr. Vining from the select committee to whom was referred the
petition of Henry Scales, administrator of John Watt, deceased,
reported a bill to be entitled, an act to authorize the administrator
of John Watt, deceased, to sell certain real estate therein named;
which was read a first time, and Ordered to be read a second
time to morrow.

Resolutions to requires our Senators and Representative
in Congress to use their exertions to procure an appropriation
for treating with the Creek and other nations of Indians, relative
to the cession of certain parts of their territory; were read
a third time, and ordered to lie on the table.

A bill to be entitled, an act to regulate the mode of taking
appeals to the supreme court, was read a second time, and ordered
to be committed to a committee of the whole House, and be made
the order of the day for to morrow.

A bill to b entitled, an act authorizing Elisha Thomas and
Davis Gurley and their associates, to turnpike a certain road
therein named, was read a third time.

Mr. Parham moved to fill the blank allowing compensation to
the commissioners for viewing the road, with "three dollars
and seventy five cents;" which was decided in the negative
--- ayes 23, nays 28.

The yeas and nays being called for, those who voted in the
affirmative, are

Mr. Craig moved to fill the blank in the 6th section giving
an exclusive privilege to the sad proprietors to keep the said
road as a turnpike, with "twelve;" which was decided
in the negative --- ayes 23, nays 27.

The yeas and nays being called for, those who voted in the
affirmative, are

Ordered, That the words "A bill to be entitled,"
be stricken out. Ordered, That the same be sent to the
Senate for their concurrence.

A message was received from the Senate by Mr. Lyon, their secretary
informing this House, that they had read the third time, and passed
the following bills; which originated in this House, to wit:

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An act to amend an act entitled an act to incorporate the Indian
Creek Navigation Company;

An act to regulate the mode of issuing grants and patents in
this State; and

An act legalizing the sales of certain lands and lots therein
named, and for other purposes.

Also that they had read a third time and passed.

An act authorizing a lottery for the benefit of building an
academy in the town of Montgomery;

An act more effectually to enforce the acts of the General
Assembly of the 21st December, and of June the 14th, 1821, in
relation to roads within this State; and

An act supplementary to the several acts in relation to wills,
intestates and guardians. In all of which they desire the concurrence
of this House.

Also, that they had read a third time and passed, a bill to
be entitled an act to alter and amend the militia laws of this
State, which originated in this House, and to which they had made
sundry amendments; in which amendments they desire the concurrence
of this House.

The House then amended the amendment of the Senate by striking
out the word "be," in the 8th section of said amendment.
Ordered, That the Senate be requested to concur in said amendment.
Ordered, That this House concur in the balance of said
amendments.

Mr. Bagby from the committee of the whole House, to whom was
referred the bill to be entitled an act to provide for assessing
and collecting the revenue of this State, reported the said bill
with sundry amendments.

Mr. Masterson moved, that the House disagree to the amendment
made by the committee to the first section of said bill, which
was decided in the negative. Ayes 21 --- Nays 30.

The Ayes and Nays being called for, those who voted in the
affirmative, are

The House then concurred in the balance of the amendments.
The bill was then further, amended, and Ordered to be engrossed
for a third reading tomorrow.

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The House then resolved itself into a committee of the whole
House, Mr. Williams in the chair, on the bill to be entitled an
act to raise a revenue for the support of government, for the
year 1822; and after sometime spent therein, the committee rose,
reported progress, and obtained leave to sit again.

The House then adjourned till four o'clock this evening.

Evening Session.

Mr. Perry from the committee on enrolled bills, reported that
the committee had examined bills of the following titles, to wit:

An act to authorize the executor of Joseph Phillips, deceased,
to sell and transfer certain certificates of land therein named;

An act to establish certain counties therein named, and for
other purposes;

An act supplementary to an act entitled an act to suppress
duelling, passed 17th December, 1819:

An act for the relief of Eugenio Campbell, tax collector of
Lawrence county;

An act to regulate the mode of issuing grants and patents in
this State; and,

An act to amend an act entitled an act to incorporate the Indian
Creek Navigation company: all of which they find truly enrolled.

An engrossed bill to be entitled "an act to establish
an academy in the town of Sparta, and for other purposes,"
was read a third time and passed. Ordered, That the title
be as aforesaid. Ordered, That the same be sent to the
Senate for their concurrence.

Mr. Bagby from the select committee to whom was referred a
bill to be entitled, an act permitting Merchants, Shopkeepers,
Tradesmen, Physicians and Apothecaries, to prove their books of
accounts, Reported a substitute therefor; which was read
a second time, and Ordered to be engrossed for a third
reading to morrow.

An engrossed bill to be entitled, an act to incorporate the
town of Vernon in the county of Autauga, was read a third time
and passed; Ordered, that the title be as aforesaid.

Ordered, that the same be sent to the Senate for their
concurrence.

A communication from His Excellency was received by Mr. Pleasants,
in the following words:

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Executive Department, Cahawba, December 4, 1821.

Gentlemen of the Senate, and of the House of Representatives:

I herewith return to the House of Representatives the bill
originating in that House entitled, "an act to incorporate
the Murder creek Navigation Company."

The reason for not having approve the bill is, that an obvious
inaccuracy appears on the second section; and which may either
afford doubt in its construction, or render the whole inoperative.
The following provision in that which appears defective:

"And be it further enacted, That the same of six
thousand dollars shall be divided into twelve hundred
shares of fifty dollars each," &c.

This defect I doubt not was inadvertently occasioned.

ISRAEL PICKENS.

The following communication was also received from His Excellency;

Executive Department, Cahawba, Dec. 4, 1821.

Gentlemen of the Senate, and of the House of Representatives:

I have received a letter from William C. Watson, Esq. who was
appointed a judge of the county court of Henry county, declining
the acceptant of said office.

ISRAEL PICKENS.

The following communication was also received form His Excellency:

Executive Department, December 4, 1821.

Gentlemen of the Senate, and of the House of Representatives:

While a small portion of your time will be necessarily occupied
in improving the militia laws, I think it proper to suggest several
obvious defects, which appear to require amendment.

1. Courts martial for trying contested elections of general
officers are required to be detained from the same divisions or
brigades. Those persons must necessarily compose the tribunal
who will most likely participate in the prejudices usual on such
occasions. Besides, should a decision to be sanctioned, owing
to legality of detail, or other proper cause, there may be some
difficulty in detailing a new court from the same, brigade or
division, especially in procuring officers of high rank to compose
it.

2. The law requires the trial and proceedings of such

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courts to be conducted under a solemn oath of secrecy; although
in the decision of a disputed election, not one of those prudential
reasons apply, which require secrecy in the usual duties of military
courts, where the character or conduct of an officer is generally
implicated.

Nothing contributes so much to fair investigation, as open
public trials; to say nothing of the demoralizing tendency of
unnecessary oaths and the consequent liability to inadvertent
violations of them.

3. In the 38th section of our militia law of December, 1820,
"The rules and articles for the government of the armies
of the United States," are adopted as a part of our military
government, when any portion of our militia may be on public service.
The 65th article of those rules and articles, as well as universal
usage under them, subjects every decision of court martial to
the revision of the officer ordering it, or the officer highest
in command. Yet the terms uses in the 8th section of our militia
act, are not without susceptibility of doubt, whether this right
of revision is taken from the Executive as commander in chief
in decisions of contested elections. The law should be made clear
in this particular for the determination of decisions that may
hereafter occur. Any cases however, that may be presented, whether
involved in doubt or not, will met that determination which will
be the result of mature reflection in the law existing, when it
has occurred.

4. It is also worth of consideration, whether an annual review
of all the regiments in the state by the adjutant general would
not insure a more uniform system of discipline, a better organization
of our body of Militia, as well as a greater punctuality in obtaining
returns, and at the same time more economy in expense than the
present system.

ISRAEL PICKENS.

Ordered, that the said communication be referred to
the military committee.

The House resolved itself into a committee of the whole House
again, on the bill to be entitled, an act to raise a revenue for
the support of government for the year 1822; and after some time
spent therein, the committee rose, and Mr. Williams obtained leave
to report on tomorrow.